FORFEITURES HITTING CRIMINALS WHERE IT HURTS

Mounties are targeting the homes, cars and businesses of criminals in Maple
Ridge and Pitt Meadows in an attempt to curb crime and deter others from
trying to set up shop in the municipalities.

This year, two houses in Maple Ridge that were used to grow marijuana have
been restrained or frozen under criminal proceeds legislation, while three
others including a business are awaiting decisions from Crown.

A house that held a marijuana grow operation and a "crack shack" are also
being pursued under the Civil Forfeiture Act.

Ridge Meadows RCMP seized a total of 8,650 plants from the six
properties a crop that would have earned between $1,557,000 to $2,595,000
in sales.

The forfeitures are one way of hitting criminals where it hurts.

Police have dismantled a number of grow operations and forwarded criminal
charges, only to see the suspect back in business a few months later in
the same house.

Sgt. Daryl Creighton, who heads the detachment's Street Enforcement Unit,
said police also believe that the proceeds of marijuana sales have gone
into purchasing local businesses.

"While our efforts are not solely directed toward curbing organized crime,
we certainly don't shy away when the opportunity presents itself," he
added. "Ultimately, the profits of drug dealing go into the pockets of
those involved in organized crime."

The federal Controlled Drugs and Substances Act has provisions in the
Criminal Code for property forfeiture. But under that act, a criminal
conviction is required before the forfeiture can take place.

With civil forfeiture, courts can go after property or proceeds of crime,
where no charges are laid or person convicted.

While the process to pursue properties in civil court is easier, it's an
avenue Ridge Meadows RCMP won't be pursuing aggressively.

"Our primary goal is to charge those responsible for their crimes and we
won't seek civil forfeitures in lieu of criminal charges or criminal
forfeitures," said Creighton.

"Each investigation will be evaluated individually and a decision will be
made based on the evidence before us. The criminal court process will
remain our priority."

Civil Forfeitures

The important difference between a criminal prosecution and a civil lawsuit
is the suit filed by the provincial civil forfeiture office is against the
property, not the owner.

"We just have to be able to prove that the property in question is either
proceeds from unlawful activity or if it was an instrument used to commit
the offense, like a house being used to grow marijuana," said Rob Kroeker,
executive director of B.C. Civil Forfeiture Office.

As of November, there have been 174 successful civil forfeitures in B.C.
More than 90 per cent of them were connected to unlawful activity related
to illegal drugs and money laundering.

So far, only one forfeiture involving three properties in Burnaby has been
challenged in court.

Since the office opened in 2006, cash and assets valued at more than $14
million have been forfeited to the province, including $4.4 million since
April.

The seized money helps fund the operation of the forfeiture office and is
used to pay victims of crime.

The remainder of the cash is kept in an account and directed towards crime
prevention programs and community organizations.

Kroeker believes civil forfeitures do have an impact on criminal activity
and are a deterrent for crime.

"It's $14 million that otherwise would have gone back into the criminal
economy," he said.

Forfeitures

Criminal forfeiture - Completed:

1. marijuana grow, 2,000 plants, one main suspect, three charges - property
restrained, not sold;

2. marijuana grow, 1,000 plants, one main suspect, three charges - property
restrained, not sold.

Criminal Forfeiture - Awaiting Decision:

1. marijuana grow, 1,000 plants, one main suspect, three charges - awaiting
decision - proceeds funded purchase of business - requesting residence and
business be restrained;

2. marijuana grow, 2,700 plants, one main suspect, three charges - awaiting
decision;

3. marijuana grow, 450 plants, one main suspect, three charges - awaiting
decision.

Civil Forfeiture - Being Written:

1. marijuana grow, 1,500 plants, no charges at this time - not yet submitted

2. local crack shack - not yet submitted.

- - courtesy Ridge Meadows RCMP